Worcester National Bank v. Cheney

Citations

• 94 Ill. 430

Syllabus

<p>1. Fees—for transcript on appeal or error, when prepared by party himself. Although a party bringing a cause to this court may himself procure the transcript of the record in the court below to be made, without the aid of the clerk of that court, yet if the clerk shall certify thereto as being correct, and the transcript thus prepared is filed in this court, the party so preparing the transcript at his own expense will, if successful in this court, be entitled to his costs therefor the same as if it had been prepared by the clerk.</p> <p>2. Same—for making transcript in counties of the second class. Clerks of courts in counties of the second class, as classified under the constitution for purposes relating to the fees and compensation of certain officers, are limited by the statute to the rate of ten cents per one hundred words as fees for making transcripts of records in their offices, and where a party procures his transcript to be made himself, he will be entitled to no greater fees therefor than the clerk could have properly charged for the same service.</p> <p>3. Judicial notice—as to population of counties. In ascertaining to what class a county may belong, under a classification of counties as required by the constitution, for purposes of regulating the fees and compensation of certain officers, this court will take judicial notice as to what is the population of a county according to the preceding United States census.</p> <p>4. Classification of counties—power of the legislature. It is not competent for the legislature, in attempting to classify the several counties in the State, under the constitutional provision in that regard, for purposes of regulating the fees and compensation of certain officers, to place counties in the several classes, except it be according to population, as limited by the constitution;—and if a county shall be placed in a class to which it does not belong, according to the basis of population, the act will be unconstitutional a